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7 Mistakes That Can Hurt Your Child Custody Case​

It can be hard to handle the emotional stress of a separation, especially when child custody is involved. The legal aspects often intertwine with the personal issues that led to the end of the relationship, and arguments over child custody only complicate the situation further. 

Even though custody of a child can involve strong emotions and convictions, it’s important to keep in mind that your actions can have an impact on your child’s well-being and your ongoing relationship with them. Letting negative feelings lead to destructive behavior or poor judgment is a quick way of painting yourself in a negative light before the judge and at a disadvantage in court.

With that in mind, we’ve compiled a list of seven things you shouldn’t do if you want a positive outcome for your child custody case.

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How Do Judges Arrive at Custody Decisions?

It’s good to begin with an understanding of how custody orders take shape. There are two aspects to child custody: legal custody and physical custody. You can share them with the other parent, called joint custody, or split them, with one parent having primary custody.

Legal custody is the ability to make major decisions that affect the child’s life. This includes choices about religion, medical treatments, or schooling. Physical custody defines where the child will live—either split between both parents or with one having primary custody while the other has secondary custody or visitation rights. The breakdown of legal custody and the schedule of physical custody may be called the parenting plan or custody plan.

The “best interest of the child” is what a judge will have to determine when making a ruling on a custody plan. This is a very broad topic, and the judge has a lot of discretion in making a final determination. There are some general factors the judge will consider:

  • Relationships: A child should be able to maintain relationships with people in their life like their non-custodial parent, extended family, and positive influences in their school or community.
  • Development: A child needs support to grow and mature, and those in charge of their care will likely need to nourish them mentally and physically.
  • Safety: An essential part of the decision is keeping children away from harm. Drugs, abuse, domestic violence, or a criminal record could keep one parent from earning custody.

With these priorities in mind, here are seven mistakes that can hurt your child custody case.

1. Refusing to Cooperate or Compromise With the Other Parent

Even though you may have strong negative feelings about your former spouse or partner, one of the biggest mistakes you can make is putting those feelings above the best interests of your children. Refusing to communicate reasonably could make the judge think that your desire to hurt the other parent is greater than your desire to be a positive role model for your child.

Instead, try to keep an open and constructive dialogue with the other side. If emotional factors make it hard to do this, consider hiring an experienced family law attorney who can handle communication for you and provide valuable advice about when to compromise and when to take a stand.

2. Withholding Visitation From the Other Parent Without an Urgent Reason

In general, the court will not look kindly on any attempt to cut off the other parent from seeing their child without the support of a court order. Of course, there are times when you can’t wait for a court order. If the other parent or the environment poses a danger to your child, like if you suspect physical abuse or unsanitary living conditions, then you may have grounds to refuse visitation.

However, such instances are limited to real and immediate threats. Stopping visitation as a penalty for other matters, like missing child support payments, can end up making situations more complicated and put you in contempt of court. You should always consult an attorney before attempting to violate a visitation schedule the court has laid out if it’s not an absolute emergency.

3. Fighting With or Talking Badly About the Other Parent in Front of Your Children

Again, the welfare of your children should be your main concern, which means you can’t afford to drag them into any negativity between you and their other parent. Even if your ex-spouse or ex-partner seems impossible to get along with, it’s important to take the high road whenever you can and conduct yourself in a compassionate and collected manner.

If the other parent refuses to do the same, this could boost your chances with the judge. Meanwhile, if you sink to their level, then you pass up a valuable opportunity to show the court you’re better equipped to look out for your child’s best interest.

RELATED: What Can I Do About Parental Alienation?

4. Exercising Poor Judgment on Social Media

Social media accounts can seem like a private space to vent frustrations and receive support from friends. The reality is that these accounts are public, and anything you post on them could come up in court. Posts that could lead the judge to form a negative opinion about your conduct or your influence on your child can be very damaging to your attempts at a favorable custody ruling from the judge:

  • Pictures of you intoxicated or using illegal drugs
  • Lies or abusive comments
  • Disparaging statements about the other parent

In general, a good guideline is that you shouldn’t put anything on social media that you wouldn’t want on display in open court. However, do not delete something that can count against you if you have already posted it. The post in question may be evidence, and you could face legal consequences for trying to get rid of it. Instead, discuss the post with your attorney, who may be able to prevent it from being admitted as evidence or reduce its impact by reasoning with the judge.

5. Disobeying a Court Order

If you violate the temporary orders or disobey any directions from the court, the judge will take this as a sign of disrespect for their authority, and you could be held in contempt of court. As you can imagine, that won’t help you when it comes time for the judge to decide your case.

When first determining the custody of your child, the judge may order a temporary schedule for custody, or you may sign a consent order for temporary custody. Your options to change it can be limited, and the court will require you to follow the arrangement. Even though it is an agreement, once the judge signs it, it becomes a court order that you must follow.

RELATED: Denied Child Custody or Visitation? Here’s What to Do

6. Not Taking Notes

If the other parent engages in any of the behaviors mentioned in this article, you should bring this to the judge’s attention. But it won’t help if you don’t have a detailed record of the events. In court, terms like “a while ago” and “this one time” don’t carry much weight. If you want to bring an incident to the court’s attention, you should be prepared to state an exact date and time along with as much detail and documentation as possible.

To make this easy, get in the habit of keeping a journal for your custody case. This can be a notebook where you write down events and dates or an app on your phone where you can store notes. Here are some tips:

  • Be Consistent: Take notes during every interaction with the other parent, making sure to write down details if they do something you believe is inappropriate or detrimental to your child’s welfare.
  • Be Cooperative: You can also use your journal to document positive events, such as constructive activities you did with your child during visitation time or how you cooperated with the other parent.
  • Be Comprehensive: Wherever possible, take photos to corroborate your journal and make a note of anyone who was there to witness the events to bring along to family court.

7. Not Hiring an Attorney to Represent You

A child custody and visitation case can feel like a maze of legal paperwork, court dates, and visitation schedules. Missing even a single detail in any of these areas can have a negative impact. Your relationship with your child is too important to risk letting that happen in a child custody case.

To avoid that risk, you should look for an experienced family law attorney who can argue on your behalf in court and keep track of all the various filings, dates, and requirements. An attorney can also use their experience to present your case before the judge in a clear and compelling fashion and communicate with the other side so that personal emotions don’t get in the way of what’s best for your child.

Myers Law Can Help You Understand Your Case

Myers Law Firm has over 60 years of combined experience with family matters, including child custody cases. Our team can look at the details of your unique situation and offer assistance to address your circumstances and meets your needs.

Call us at (888) 376-2889 or complete this brief form to schedule a free consultation.

References

Child Welfare Information Gateway. (2020). Determining the best interests of the child. Washington, DC: U.S. Department of Health and Human Services, Administration for Children and Families, Children’s Bureau. https://www.childwelfare.gov/pubpdfs/best_interest.pdf

N.C. Gen. Stat. § 50-13.1

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

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We are able to meet with clients and hold consultations with prospective clients via telephone or video conference. If you need to contact us, please do not hesitate; we are happy to speak with you about your situation, your needs, and how we can help.

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What to Do When Your Spouse Serves Divorce Papers

If you’ve been served with divorce papers, you may be feeling upset or even overwhelmed. However, understanding some of the initial steps that you’ll need to take may help you clear your thoughts and plan for what’s ahead of you. In this article, we’ll explain what you should do in the days and weeks after you’ve been notified of divorce proceedings.

What Are “Divorce Papers,” Anyway?


Most adults understand the general idea of being “served with divorce papers,” but few people know exactly what those papers entail or what they mean from a legal standpoint. So what are divorce papers, exactly?

Divorce papers in North Carolina actually consist of two items: a summons and a complaint. The summons is a paper that lets the defendant (the person being served) know that they are being sued, and it also asserts the court’s power to hear and determine the case in question. In addition, in North Carolina, the summons states that you must respond to the complaint with your written answer within 30 days by serving the plaintiff or the plaintiff’s attorney and filing the answer with the Clerk of Court.

The complaint is the pleading that the other spouse filed to initiate the divorce process. (In many other states, this item is called a “petition for dissolution of marriage.”) This document includes most of the important information about the divorce filing, such as:

  • The names and the county and state of residence of both spouses
  • The date and place they were married
  • The names of any children of the marriage who are under 18
  • An acknowledgement that the petitioner or their spouse have lived in the state or county for a certain amount of time prior to the filing of the complaint (in North Carolina, either the plaintiff or defendant must have resided in the state for at least six months prior to the divorce action.)The claims that the plaintiff is asserting, which may include:
  • Absolute divorce (the parties must have been separated for more than one year);
  • Custody or visitation;
  • Equitable distribution (which is the same as property division);
  • Alimony/spousal support.

Note that in North Carolina, you must be separated for at least a year before you can file for divorce. However, you can still file a lawsuit for the other claims at the time of separation, or in some cases, before you separate. A lot of people use the term “divorce papers,” even if they have only been sued for custody, support, property division or alimony.

RELATED: How To Obtain An Absolute Divorce In Mecklenburg County

Like most legal documents, divorce papers are not necessarily designed to be user-friendly. Even though all of the critical information is there, it’s easy to miss things if you’re not an attorney, and you may find it difficult to get a full understanding of your legal situation just by reading over these papers. This is one reason why it’s important to contact an experienced family law attorney as soon as you’re served divorce papers.

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What to Do If You’ve Been Served

Being served with divorce papers can create a rollercoaster of emotions — especially if the filing is unexpected. However, it’s important to keep a clear head during this time, as the actions you take in the aftermath of a divorce filing can have a major impact on your legal case.

While you may feel tempted to contact your spouse after being notified of a divorce filing, you need to resist this urge at all costs. Instead, seek support from family and friends as you collect your thoughts and let the initial impact settle. Lashing out at your spouse or trying to make arrangements off the record can negatively impact your legal case and will only make things more difficult for you in the long run.

Likewise, talking badly about your spouse in front of children of the marriage is never a good idea, and you should never put your children in the middle of the dispute between you and your spouse. Such actions could affect your children negatively and impact your relationship with them. It will also cause the court to look unfavorably on you during court proceedings, and the problems this can create for your legal case will almost certainly make you regret it later.

Once you feel that you’ve collected your thoughts and come to terms with your initial feelings about the divorce, it’s time to take some practical steps to address your legal situation. At this time, you should:

  • Make note of the deadlines. If you’ve been served with divorce papers, the summons should tell you how many days you have to respond by filing your own papers with the court. In North Carolina, you will have 30 days to respond, and you can also petition for an extension that will grant you an additional 30 days.
  • Contact an experienced family law attorney right away. You may be tempted to represent yourself during a divorce in order to save money, and this might make sense if you have very little in the way of assets at stake in the divorce. However, representing yourself in cases where important assets and financial consequences are on the line — including property, inheritances, child support, and/or alimony — can prove extremely costly if you make a mistake.In addition, a contentious divorce that involves various types of assets can quickly create an overwhelming workload for a person who tries to represent themselves. This can take up large amounts of your time and leave you feeling overextended, which can both add to your stress and make it even more likely that you’ll make a mistake. Working with an attorney who has experience handling divorce cases is the best way to make sure that your case proceeds smoothly and that you meet all deadlines and filing requirements.
  • Start getting organized. The court will ask for a lot of information from you during the divorce process, so it’s a good idea to begin compiling and organizing your records as soon as possible after you receive notice of divorce proceedings. In addition, this is a good time to undertake financial preparations, such as eliminating joint financial accounts and moving your finances to personal accounts.

Your attorney will be your most important resource and ally during this preparation process, as they can tell you what information you’ll need and help you to gather it. Although an exhaustive list of documents you’ll need to give to your attorney would be very long, examples of some of important documentation generally includes:

  • Any documents that can establish your income and financial status, such as bank statements, retirement account statements, tax returns, credit card statements, loan documents, and any other paperwork that can show the court your assets and debts
  • Birth certificates, medical records and bills, and insurance cards for any children of the marriage
  • School and daycare records for any children of the marriage as well as any bills that demonstrate the costs associated with education or daycare
  • Any documentation that demonstrates your past and ongoing involvement in your children’s lives

Although it’s understandable to experience a wide range of emotions when you’re served with divorce papers, remember that this is a critical time in your legal case, so it’s important not to panic or act rashly. Instead, you need to contact an experienced family law attorney who can guide you through the upcoming process with a legal strategy that protects your rights and interests along with your children.

Contact Myers Law Firm If You’ve Been Served with Divorce Papers

At Myers Law Firm, we understand that the end of a marriage is one of the most difficult events that a person can experience, so we approach every family law case with empathy and understanding to look for common ground. While we pride ourselves on our negotiation skills and will work to reach a viable compromise with the other side, we are also prepared to stand up in court and fight for your rights aggressively whenever the situation calls for it.

The attorneys at Myers Law Firm have experience handling all of the major family law issues that surround the end of a marriage, including alimony, child custody, child support, property division, and divorce. We’re here if you need help. To get in touch with us, call our offices at 888-376-2889 or fill out our online contact form today.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

We are committed to continuing to serve our clients’ legal needs

Single Divider

We are able to meet with clients and hold consultations with prospective clients via telephone or video conference. If you need to contact us, please do not hesitate; we are happy to speak with you about your situation, your needs, and how we can help.

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Absolute Divorce

We frequently hear in the news that celebrities have “filed for divorce” right after they separate, which gives people the impression that a divorce is as simple as waking up one day and deciding you’re finished being married. The law in North Carolina, however, doesn’t quite work this way.

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Equitable Distribution

Going through a divorce is an emotionally straining and frustrating experience that affects many aspects of your life. As you go through your married life, you accumulate assets together, like bank and retirement accounts, car titles, and mortgages. When the decision to end the marriage occurs, those assets must be divided.

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Same-Sex Marriage

Last June, the Supreme Court legalized same-sex marriage in all 50 states in the landmark Obergefell v. Hodges decision. While gay couples in North Carolina had already won their right to marry after the 2014 U.S. District Court ruling in General Synod of the United Church of Christ v. Cooper, the decision in Obergefell still made a massive impact in our state and everywhere else — same-sex couples can now marry anytime, anywhere, and in any state without worrying that their marriage won’t be recognized elsewhere due to differing state laws regarding gay marriage.

While Obergefell stripped away the complicated patchwork of state statutes on same-sex marriage, it has created a whole new host of legal concerns for same-sex couples, especially those who marry and then later decide to divorce. Since a full legal marriage has only been an option for gay couples in North Carolina for about two years (and less in some other states), these couples may not have had time to familiarize themselves with some of the family law issues that now apply to them.

Below, we’ve outlined the basic facts about some of the most important issues facing gay couples in North Carolina.

Does Long-Term Cohabitation Matter When Same-Sex Couples Divorce?

Some of the most memorable images and stories that circulated in the media following the legalization of same-sex marriage in North Carolina — and later across the country at large — came from gay couples who had been engaged in long-term domestic partnerships that functioned much like a traditional marriage, lacking only the legal sanction of a marriage certificate. For example, the Charlotte Observer highlighted the story of Cathy Fry and Joanne Marinaro, a lesbian couple who had been together for 28 years and drove to the courthouse for a marriage license on the first day after the 2014 ruling in North Carolina.

But what happens when such couples later decide to divorce? Even though most news stories covering the legalization of same-sex marriage tended to focus on the “happily ever after” accounts, the reality is that gay couples face the same challenges as other couples when it comes to navigating difficulties in their finances, family structure, and personal lives. Do such couples, if they decide they need to separate, receive consideration under the law for the years of domestic partnership during which they had no legal option to marry?

The short answer is that, in North Carolina, a family court will consider a same-sex couple’s marriage to begin on the date they were legally married — regardless of any period of cohabitation leading up to that point. This means that same-sex couples who decide to divorce should prepare for the court to consider the actual date they were married as the date they began to accumulate marital property.

Same-sex couples in North Carolina may wonder whether they could have a common law marriage if they lived together and acted as a married couple for a long enough period of time. The simple answer is “no”; North Carolina isn’t a common law marriage state, although it will recognize common law marriages that were established in other states.

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Other Family Law Considerations for Same-Sex Couples

Besides wondering about the date their marriage begins for family law purposes, gay couples may want to know how federal law and state statutes in North Carolina will affect them in a divorce or other family law matter. Here are some of the most important things to note:

  • Same-sex couples in North Carolina should understand that when it comes to marital property, our state is an equitable distribution state (as opposed to a community property state). This means that the court will divide the couple’s assets “equitably” (which is not necessarily the same thing as “equally”) based on a number of different legal considerations. In general, equitable distribution states allow the judge in a family law case wide latitude to decide who gets what.
  • Same-sex couples who marry and then break up need to divorce if they want to finalize the end of their marriage. This may seem obvious, but prior to 2015, some gay couples could have faced a situation where they married in a state that allowed same-sex marriage and then moved to a state that didn’t recognize the validity of the marriage, thus making it difficult to obtain a divorce. Spouses need to understand that, absent a formal divorce, they are still legally married, and any assets or property that they accrued prior to separation is still part of the marital estate in the eyes of North Carolina law.
  • The new federal standard that allows same-sex couples to marry anywhere also means that gay couples are legally allowed to adopt a child together as a married couple, and any state will recognize the legal status of that adoption. If both parents legally adopt a child as a married couple, then they will generally retain their full parental rights in the event of a divorce and will have to come to a custody arrangement, either by mutual agreement or in court.

RELATED: Custody Battles May Play Out Differently for Same-Sex Couples in North Carolina

  • If only one parent in a same-sex marriage has status as a legal parent, whether due to a biological relationship with the child or a legal adoption, the other parent needs to understand that they may not have any legal rights as a parent in the event of a separation. This holds true even if they have been acting as a parent for practical purposes for a long period of time — unless they can prove to the court that the biological parent has acted in a manner inconsistent with their parental rights. For parents in a same-sex relationship who aren’t the biological father or mother of a child, only a formal legal adoption will confer status as a legal parent.

These are just a few of the issues that same-sex couples now have to navigate when it comes to family law; all of the different legal considerations that could come into play during a divorce or other family law matter are too numerous to list here. In general, if you’re in a same-sex relationship and are considering adoption or facing divorce, it’s critical that you consult with an experienced family law attorney who can explain your legal rights and options — and who can advocate for you based on an extensive knowledge of the law.

Myers Law Firm Is Here to Help with Your Family Law Issues

At Myers Law Firm, we understand that the end of a marriage is never an easy time for either spouse, so we approach every family law case with compassion and understanding to search for solutions. While we excel at respectful negotiation and will work to find common ground with the other side, we are ready to stand up in court and fight for your rights with an aggressive approach if that’s what it takes.

The attorneys at Myers Law Firm have experience handling all of the major family law issues that surround the end of a marriage, including alimony, child custody, child support, property division, and divorce. We’re here if you need help. To get in touch with us, call our offices at 888-376-2889 or fill out the contact form on our website.

References

Gordon, M. (2014, October 10). Federal judge overturns NC same-sex marriage ban. The Charlotte Observer. Retrieved from http://www.charlotteobserver.com/news/local/article9200495.html

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

We are committed to continuing to serve our clients’ legal needs

Single Divider

We are able to meet with clients and hold consultations with prospective clients via telephone or video conference. If you need to contact us, please do not hesitate; we are happy to speak with you about your situation, your needs, and how we can help.

Schedule Your Consultation Now!

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Spousal Support

When a marriage ends, the court commonly orders one spouse to provide financial support to the other for a period of time — sometimes even indefinitely. This mandatory payment to a former spouse is called “spousal support,” although the average person will probably recognize it by the more familiar term “alimony.”

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Foster Care Children's Bill of Rights

This is Part 2 of a recent article that I wrote for the NCAJ Trial Briefs magazine regarding recent laws passed by the North Carolina General Assembly which affect family law and divorce issues.

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North Carolina General Assembly

This is Part 1 of a recent article that I wrote regarding recent laws passed by the North Carolina General Assembly which affect family law and divorce issues.  Part 2 will be coming soon.

The recent legislative session of the North Carolina General Assembly was notable for many reasons and brought a lot of attention to the State of North Carolina.  While one high profile bill that was passed in the area of family law garnered a good bit of national attention, there were several others that could significantly impact family law practitioners.  The following is a summary of new laws that were enacted during the long session of the 2013 General Assembly that may impact you in your representation of domestic clients.

Uniform Deployed Parents Custody and Visitation Act

One comprehensive piece of legislation was the adoption of the Uniform Deployed Parents Custody and Visitation Act .  This law amends N.C.G.S. §§ 50-13.2 and 50-13.7A, and creates a new Article 3 in Chapter 50A.  This law became effective October 1, 2013.

The first section of the new law amends N.C.G.S. § 50-13.2 by adding a new subsection (f).  This new subsection prohibits a court that is making a custody determination from considering past military deployment or possible future deployment as the only basis in determining what is in the child’s best interest (emphasis added).  The new subsection does allow the court to consider past or possible future deployment that has any significant impact on the best interest of the child.  In practical terms, the result is that the court cannot use past or future deployments as the only basis for a custody decision, but may use it as one of several factors.  Furthermore, if the past or future deployments have a significant impact on the child’s best interest the factor may be weighed more heavily.

The second section of the new law repeals § 50-13.7A.  These were the previous provisions regarding custody and visitation for military members.  These provisions are replaced by the much more comprehensive provisions in section three of the law.

Section 3 of the law creates a new Article 3 in Chapter 50A, titled the Uniform Deployed Parents Custody and Visitation Act.  The Uniform Act is broken down into four parts.  Part 1 of the Act are the “General Provisions” and begins with an outline of 18 various definitions used throughout the Uniform Act.  While most of the definitions are standard and should be reviewed by the family law practitioner, there are a few worth mentioning.  “Caretaking authority” is defined as “the right to live with and care for a child on a day-to-day basis, including physical custody, parenting time, right to access, and visitation.”   “Custodial responsibility” is defined as “a comprehensive term that includes any and all powers and duties relating to caretaking authority and decision-making authority for a child.  The term includes custody, physical custody, legal custody, parenting time, right to access, visitation, and the authority to designate limited contact with a child.”   Another definition to note is that “record” is specifically defined as “information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.”

Part 1 of the Act includes a provision for attorney fees “and other appropriate relief” to be assessed if a party acts in bad faith or intentionally fails to comply with the requirements of the Act.   Part 1 also requires that an issuing court have jurisdiction pursuant to the UCCJEA, but provides that deployment does not change the residence of deploying parent.

Furthermore, Part 1 requires a deploying parent to provide notice to the other parent of a pending deployment not later than seven days after the deploying parent receives notice of deployment unless the parent is prevented from providing notice due to “circumstances of service”, and then notice must be provided as soon as reasonably possible.   The notice required under this provision must be provided in a “record”.  The deploying parent also must provide other parent with a plan for fulfilling that parent’s share of custodial responsibility.  If a person to whom custodial responsibility has been assigned during a parent’s deployment moves, then notice must be provided to the deployed parent and any other person with custodial responsibility, and notice must be provided to the court if there is a court proceeding.

Part 2 of the Act allows parents to enter into a temporary agreement granting custodial responsibility during one parent’s deployment.  The agreement must be in writing and signed by both parents and any nonparent who is given custodial responsibility.   The statute outlines a non-exclusive list of items that may be included in an agreement.   If there is an existing court order for custody or child support, the agreement must be filed with the court.

Part 3 of the Act outlines the judicial procedures after a parent receives notice of deployment.  Either parent can seek a judicial order after notice of deployment and the court may only enter a temporary order, unless the deploying parent agrees to a permanent order.   The hearing is to be expedited  and testimony by electronic means is allowed, unless the court finds good cause to require personal appearance.   A prior judicial order which contains provisions for deployment must be enforced unless the circumstances require modification and the court must enforce prior written agreement between parents unless agreement found to be contrary to best interests of child.

The statute allows for the court to grant caretaking authority to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship.   This grant of authority is limited by the language “in accordance with the laws of this State….”  In this author’s opinion, this limitation makes most of the provisions in Section 3 either invalid or extremely limited.  The current North Carolina law in the area of third party custody is limited to situations where parents are alleged and proven to be unfit, neglectful or have acted inconsistent with their parental rights.

If the other parent will not agree to this third party, the court is limited to allowing the third party only the time allowed the deploying parent by a current order or “the amount of time the deploying parent habitually care for the child.”   The statute also allows the court to grant decision-making authority to this third party to an adult family member or person with whom the child has a close and substantial relationship and the court must be specific about the powers being granted.  Any nonparent is made a party to the action until the grant of authority is terminated.

The statute allows an order to outline contact for the child with the nonparent  and outlines certain factors each order must contain, in addition to being only a temporary order.

Part 4 of the new statute contains the termination provisions.  An agreement under the new law terminates upon further agreement by the parents or 60 days after the deploying parent provides notice that he or she has returned from deployment.   If an order was entered by a court, the order terminates by agreement of the parties  or 60 days after the deployed parent provides notice of return.

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No Social Security Number of Absolute Divorce

One piece of legislation that was passed was overdue.  With Session Law 2013-93, the General Assembly removed the provisions N.C.G.S. § 50-8 which required that the plaintiff in a divorce proceeding provide his/her social security number and the social security number of the defendant, if known, in a complaint for absolute divorce and a judgment of divorce.

This law was effective when it became law on June 12, 2013.

Entireties Property Presumed to be Marital Property

With Session Law 2013-103 , N.C.G.S. § 50-20 was amended to include the presumption that real property acquired after marriage and before separation as a tenancy by the entireties is marital property, no matter what source of funds was used to acquire the property.  The “marital gift presumption” has been a part of North Carolina equitable distribution law since at least 1985.

McLeod v. McLeod, 74 N.C.App. 144, 327 S.E.2d 910, review denied, 314 N.C. 331, 333 S.E.2d 488 (1985).  This same bill also amended the definition of divisible property to clarify that passive increase and decreases in marital debt and financing charges and interest related to marital debt are divisible  (emphasis added).  This change makes it clear that active increases and decreases are not divisible (emphasis added).

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

We are committed to continuing to serve our clients’ legal needs

Single Divider

We are able to meet with clients and hold consultations with prospective clients via telephone or video conference. If you need to contact us, please do not hesitate; we are happy to speak with you about your situation, your needs, and how we can help.

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Barker v Barker

Barker v Barker – Civil Contempt

Defendant/Father appealed from an order finding him in contempt for failure to comply with a consent order directing him to pay a portion of his child’s college tuition and expenses. The order was affirmed by the North Carolina Court of Appeals. The parties signed a consent order on August 20, 2003, which resolved all of the issues between them regarding child custody, child support, equitable distribution and spousal support. The issue pertinent to the appeal was the parties’ agreement regarding payment of tuition costs and expenses for college. Father agreed to pay 90% and Mother agreed to pay 10% of the tuition, room and board costs of the children’s college education, as long as the “diligently applied themselves to the pursuit of education.”

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